Definition and clarification of terms: visual or audio media
A visual or audio medium is a medium on which visual or audio recordings are recorded, stored, and from which they can be played back or made perceptible. This term is used in various legal contexts, especially in copyright law, competition law, criminal law, and data protection law. Typical examples include vinyl records, tapes, CDs, DVDs, Blu-rays, USB sticks, memory cards, as well as hard drives, provided that recordings are stored on them accordingly.
While the term audio medium refers to audio recordings, the visual medium describes visual recordings or works of visual art or photographic images. Combined visual and audio media contain both visual and audio information (e.g., movies on DVDs).
Legal foundations and significance of visual or audio media
Copyright classification
Under the Copyright Act (UrhG), visual and audio media play a central role. According to Section 16 (1) UrhG, the reproduction of a work is the making of copies, which regularly takes place with visual and audio media. Public access, distribution, and the exhibition right (Sections 17–19 UrhG) typically require that a work is fixed on such a medium.
Rights in audio media (Section 85 UrhG)
Copyright law grants a special protection right for producers of audio media (so-called neighboring right, Section 85 UrhG). An audio media producer is the person who bears the economic and organizational responsibility for the first fixation of a sound event on an audio medium. The right particularly includes the reproduction and distribution of the audio medium as well as the right of public performance.
Visual media and related protection rights
Visual media mainly refer to the rights in visual recordings, photographs (Section 72 UrhG) as well as rights relating to films and moving images (Section 94 UrhG). Here, too, there are special protection rights for persons involved in the production, particularly photographers and film producers.
Criminal law relevance: visual or audio media as evidence
In criminal proceedings, visual and audio media are of central importance as evidence (Sections 94 et seq. of the German Criminal Procedure Code, StPO). They can be seized, secured, and used in proceedings provided that no specific prohibitions exist (such as violation of the highly personal sphere (§ 201 StGB, § 201a StGB; breach of confidentiality of the spoken word or unauthorized visual recordings)).
Data protection law aspects
Since the GDPR came into force, the processing of personal data on visual and audio media must meet higher requirements. Processing video and audio recordings requires a legal basis under Article 6 GDPR and must comply with the principles of purpose limitation, data minimization, and transparency.
Competition law provisions
In competition law, especially under the Act Against Unfair Competition (UWG), the use of visual or audio media is particularly relevant regarding imitation and deception (e.g., inadmissible advertising messages using unauthorized recordings).
Duration of protection and limitations
Duration of protection for audio media
The neighboring right of the audio media producer expires 70 years after the publication of the audio medium (Section 85 (3) UrhG). For visual and film works, the term of protection is generally based on the author’s lifetime plus 70 years (Section 64 UrhG); for photographs, a special period applies from the date of publication (Section 72 UrhG).
Limitations for uses of visual or audio media
Copyright law provides for numerous limitations that, under certain conditions, permit use without the rightholder’s consent. These include, for example, private copying (Section 53 UrhG), the right of quotation (Section 51 UrhG), or reporting on current events (Section 50 UrhG).
Visual or audio media in an international context
At the European level, visual or audio media are regulated under copyright contract law by numerous EU directives, especially Directive 2001/29/EC on the harmonization of certain aspects of copyright. Internationally, the WIPO treaty family (WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty) ensures uniform standards for the protection of digital content.
Practical examples and current legal developments
Digital visual and audio media
Today, the legal definition also includes digital storage media and cloud solutions, provided that the visual or audio recording is fixed and reproducible accordingly. The classification of purely streaming content, on the other hand, is more legally nuanced, since there is typically no copy on a physical data carrier.
New case law and developments
With technological developments (such as AI-generated speech or images, deepfakes, blockchain-based works), new legal questions arise concerning authenticity, authorship, and protectability. Legislators and courts must continuously adapt and specify applicable regulations.
Summary and significance for the legal system
Visual or audio media are essential objects of law, particularly in copyright law and related legal areas. They play a decisive role in protecting creative achievements, securing evidence, and handling personal data. The comprehensive national and international legal regulations provide rights holders with effective protection mechanisms but at the same time present society with challenges in the digital age.
Frequently asked questions
How long does copyright last for visual and audio media?
Copyright for works fixed on visual or audio media (e.g., music recordings or films) generally lasts for the lifetime of the author and 70 years beyond their death. For so-called neighboring rights, such as the performances of performing artists or audio media producers, different terms of protection may apply. In Germany, the exclusive right for the audio media producer lasts 70 years from the first publication or, if none has occurred, from the production of the medium. Importantly, only after the expiry of these terms does the relevant visual or audio medium become part of the public domain and may be used for any purpose without consent. Before the expiry of this term, any form of reproduction, distribution, or public performance without the rights holder’s approval is generally unlawful and may lead to warnings or claims for damages.
Which actions are permitted for visual and audio media without the rights holder’s consent?
In principle, copyright-protected visual and audio media may not be reproduced, distributed, publicly performed, or adapted without the prior consent of the rights holder. However, there are a number of statutory copyright limitations that permit certain actions. This includes, for example, private copying, which allows individual copies for strictly private use as long as no obviously unlawful source is used. Further exceptions apply to reporting on current events, scientific purposes, quotations, or for educational and teaching purposes (subject to strict conditions). By contrast, making and distributing copies to larger groups or publicly performing or playing media generally requires explicit authorization.
How is the distribution of visual or audio media on the Internet regulated in copyright law?
The distribution of visual or audio media on the Internet is subject to strict copyright requirements. Uploading protected works to internet platforms (e.g., YouTube, Facebook) already constitutes public accessibility within the meaning of the Copyright Act and is only allowed with the explicit permission of the rights holder or within statutory exceptions. The same applies to downloading, file sharing, or streaming unless the specific use is covered by a limitation. Even embedding media content using so-called framing techniques can be legally problematic if protection rights are infringed. In the event of infringement, authors and neighboring rights holders may claim injunctive relief, damages, and removal.
What obligations do companies have when acquiring and using visual or audio media?
For companies, there are extensive copyright obligations when acquiring and using visual or audio media. Simple purchase transactions (e.g., buying a CD or film) usually entitle only to private use. Any business, public, or commercial use—such as playing music in business premises, showing films at events, or using in advertising—requires a specific usage license. Licenses are often granted by collecting societies (e.g., GEMA, GVL). Companies must ensure that they obtain explicit usage rights and pay license fees properly. Non-compliance may result in warnings, injunctive relief, as well as civil and criminal consequences.
What are neighboring rights regarding visual and audio media, and how do they differ from copyright?
Neighboring rights do not protect the intellectual work itself but rather the achievements made during the production, publication, and distribution of visual or audio media. Rights holders particularly include performing artists, audio media producers, broadcasting organizations, and film producers. The protection typically covers the first reproduction, distribution, public performance, and the right to fair remuneration. Unlike copyright, which always protects the creator and is non-transferable (apart from usage rights), neighboring rights can be comprehensively assigned and licensed in a commercial context. The terms and conditions of protection also differ: for example, the right of the audio media producer expires 70 years after first publication.
What legal consequences can arise from violations of copyright in visual or audio media?
Anyone who reproduces, distributes, or makes visual or audio media publicly accessible without the necessary rights infringes copyright or the related neighboring rights. Various legal sanctions may occur: In addition to civil claims for injunctions, damages, information, and destruction, criminal consequences such as fines or imprisonment of up to three years (and more in especially serious cases) pursuant to Sections 106 et seq. UrhG may ensue. Copyright infringements are very often warned against on the Internet, with the infringer usually being charged for the costs of the warning and additional legal action. In practice, claims are often asserted by lawyers or collecting societies.
How are visual and audio media legally treated in the area of cultural property protection?
Visual and audio media can, under certain conditions, be classified as cultural assets of special significance. The Cultural Property Protection Act (KGSG) stipulates certain protection and export regulations if they are national cultural property. Such visual or audio media may be entered in the register of nationally valuable cultural property. Following this, export to countries outside the EU or even within the EU may be subject to notification or authorization requirements. In doing so, copyright protection provisions generally remain unaffected, but in individual cases they may be supplemented or superseded by cultural property protection requirements. Rights holders, museums, or archives must especially consider this when planning exhibitions or transfers abroad.
